give the King an Aid The like Councel and Supply was the very next following Parl. 46 Ed. 3. In the 50. a Parliament to the purpose of the former two was Summoned Parl. 46 Ed. 3. and the year following the King in Parliament declaring how the French had Combined under hand against him with Spain and Scotland required their advice how Peace at home Territories abroad Security of the Seas and Charge of the War might be maintained I have the longer insisted in observing the Carriage of those Times so good and so glorious after Ages having not left the Journal Entries of Parliament so full which with a sighter hand I will pass through Richard the 2d his Grand-child succeeded to the Crown and Troubles Rich. 2. Parl. 1. m. 5. a. 6. having nothing worthy his great Fortunes but his Birth The first of his raign he pursued the steps of his Wise Grand father advising with his Peers and Commons how best to resist his Enemies that had lately wronged many of his Subjects on the Sea Coasts In the second year he again Consulted with his people how to withstand the Scots Parl. 2 Rich 2. m. 1. who then had Combined with the French to break the Truce In the third year calleth the advice of his Parliament how to maintain the Regality impaired by the Popes Provisions Parl. 3 Rich. 2. m. 4 5. how to resist France Spain and Scotland that had raised Wars against him Urban 6. how to suppress his Rebells in Guzen and Ireland and to defend the Seas In the 4th year of his Raign he calleth the like at Windser the year following in a great Councel the King having proposed a Voyage royal into France Parl. 4 Rich 2. m. 2 3. now called his Parliament to determine further of that And that is worth observation that for the most part before any proposition of War or Peace were vented to the Commons A debate thereof proceedeth in the great Councel to shape that fitter for popular advice The quarrel with Spain continuing the Duke of Lancaster offereth a Voyage against them Parl. 5 Rich. 2. Sâ—â— 2. a. so the State will lend him Money after Consultation they grant an Aid but not to bind them to any continuance of War with Spain In the sixth the Parliament was called to Consult about the Defence of the Borders 〈◊〉 Rich. 2. 〈…〉 the Kings Possessions beyond the Seas Ireland and Gascoigne his Subjects in Portugal The Lords approve the Dukes intention for Portu al and the Commons advise that the Bishop of Norwich having the Croycery should Invade France Parl. 6 Rich 2. Sâ—ss 1. a. The same year the State was re-assembled to consult whether the King should go in person to rescue Gaunt or to send his Army The Commons after two days debate crave a Conference with the Lords the effect is not entred in the Roll only they by Sir Thomas Puckering their Speaker protest that Counsels of War did aptly belong to the King and his Lords Yet since the Commons were commanded to give their Advice they humbly wish a Voyage Royal by the King if not that the Bishop of Norwich might with the advantage of the Pope's Croycery be used in that service who accepted the Charge with ill success Here further the Commons pray that the King's Uncle should not be spared out of the Realm before some Peace was settled with the Scots and that the Lord Delaspar sent with Provisions of Peace from Spain might first be heard Parl. 7 Riâ—h 2. Sâ—ss 4. The Chancellor in the 7th year in the Name of the King willeth the Lords apart and so the Commons do consult whether Peace or War with Scotland or whether to resist or to assail the King's Adversaries of Spain France or Flanders Their Opinions are not entred in the Rolls an omission usually by the Clerk his neglect only their Petition is recorded that the Bishop of Norwich may account in Parliament the expence of the Money and be punished for his faults in the service he undertook both which are granted At the next Sessions the same year the Commons are willed to advise upon view of the Articles of Peace with the French whether War or such Amity should be accepted They modestly excuse themselves as too weak to counsel in so weighty Causes But charged again as they did tender the Honour and Right of the King they make this Answer Yils intrudont que astmis services terres y mesne lour leige anecoit ore per testarior in Guyen si serront tenus del Roy Francois per tril sernior la villa de Callis auter terres acquise conquise des Francois per les fore neue verroit la Commen y aniuse Aiust fait si autrement preroit been faire giving their Opinions rather for Peace than War Peace with France not succeeding the 8th year the Body of the State was called to advise whether the King in his own person or the sending of Forces against the French Spaniard Flanders and Scotland should proceed Claus 9. Rich. 2. The King having assembled at Oxon his Great Counsel to advise whether he should pass the Seas or no with an Army Royal and they not daring to assent without a greater Counsel a Parliament the 10th year was called to have the Advice of the Commons as well as the Lords Claus 10 Ric. 2 how the Realm should be governed in their Soveraign's absence Parl. 1 Rich. 2. The Truce with France now near expired the Parliament was called in the 13th year to advise upon what Conditions it should be renewed otherwise how the Charge of War should be sustained Rot. Claus 13 Rich. 2. At this Assembly and by consent of all the Duke of Lancaster is created Duke of Aquitain the Statutes of Provisions now passed the Commons are named partly in the Letter to the Pope Boniface 9. Parl. 14 Rich. 2. The year succeeding a Parliament is called for that the King would have the Advice of his Lords and Commons for the War with Scotland and would not without their Counsel conclude a final Peace with France The like Assembly for the Causes was the year ensuing The Commons humbly desire the King to use a moderation in the Law of Provision so that the Statute upon their dislike may again be exempted and that to negotiate the Peace with France the Duke of Aquitain may rather than another be imployed Parl. 17 Rich. 2 To consult of the Treaty with France for Peace the King in the 17th year calleth a Parliament the Answer of the Lords is left un-enter'd in the Rolls The Commons upon their Faith and Allegiance charged advise that with good moderation provision may be made for Guyen an Apendage of the French Crown so it trench not to involve the other pieces of the English Conquest Their Answer is large modest and worthy to mark Hen. 4. Parl. 5.
THE ANTIQUITY AND DIGNITY OF PARLIAMENTS Written by Sir ROBERT COTTON LONDON Printed Anno Domini MDCLXXIX That the Kings of England have been pleased usually to Consult in the Great Council of Marriage Peace and War with their Peers and Commons in Parliament William the Conqueror TO search so high as the Norman Conquest that is necesary to lay down the Form and Government of those Times wherein State-Affairs were led in another Form of publick Councils For the People wrought under the Sword of the First William and his Followers to a subjected Vassallage and could not possess in such Assemblies the Right of their former Liberties Division and Power having mastered them and none of their own Nobility and Heads being left either of Credit or Fortunes Dooms-day Book What he retained not in Providence as the Demesnes of the Crown or reserved in Piety as the Maintenance of the Church he parted to those Strangers that sailed along with him in that Barque of his Adventure leaving the Natives for the most part as appeareth in his Survey in no better condition than Villainage Admerus Huntington He moulded their Customs to the manner of his own Countrey and forbare to grant the Laws of holy Edward so often called for Ex libro Feodaris in Scaccio To supply his occasions of Men Money and Provision he ordered that all those that enjoyed any fruit of his Conquest should hold their Lands proportionable by so many Knights Fees of the Crown admitted them to enfeoff their Followers with such parts as they pleased of their own Portions which to ease their Charge they did in his and his Sons times Hen. 4. Statut. by two Enfeoffments the one de Novo the other de Veteri This course provided him the body of the War the Money and Provision was by Head-age assessed on the common People Ex libro Rubro Scaccio at the Consent of the Lords who held in all their Seigniories such Right of Regality that to their Vassals as Paris saith Cronicom de Dnustable Quot Domini tot Tyranni and proved to the King so great a Curb and restraint of Power that nothing fell into the Care of his Majesty after Benedict Monard in vita Hen. 2. more than to retrench the Force of his Aristocoited that was in time like to strangle the Monarchy Though others foresaw the Mischiefs betimes yet none attempted the Remedy until King John whose over-hasty Undertaking brought in these Broyls of the Barons Wars There needed not before this Care to advise with the Commons in any publick Assembly when every Man in England by Tenure held himself to his great Lord's Will whose presence was ever regnized in those great Councils and in whose Assent his dependant Tenant's Consent was ever included Before this King's Time then Claus 6 an Dorso we seek in vain for any Commons Called they were ever Called for making of Laws but not to Consult touching War or Peace He first as may be gathered though darkly by the Records used their Counsels and Assents in the 6th year of his Reign Here is the first Summons in Record to the Peers or Barons Tractatur de magnis ardinis negotiis It was about a War of Defence against the French and at that time the Commons were admitted Parts 6. Ro. 2. in Dorso As this time that may fitly be gathered by this Ordinance Provisum est communi assensu Archiepiscoporum Commotium Barronium omnium fidelium nostrorum Angliae quod novem Milites per Angliam inveniend de communi Ro. And this was directed to all the Sheriffs in England the ancient use in publick Laws From this there is a break until 18 Hen. 3. where the next Summons extant is in a Plea-Roll of that year Claus 49. Hen. 3 in Dorso but the Ordinances are lost from thence the Record affords no light until the 49th of the same King where then the Summons to Bishops Lords Knights and Burgesses are much in manner though not in matter alike to the Use of our Times This Parliament was Called to advise with the King propace asseveranda firmanda they are the words and where Advice is required Consultation must be admitted To this King succeeds Edw. I. his Son a wise a just and a fortunate Prince Edw. I. In his Reign we have no light of any publick Counsel in this kind and so along to the 4th of his Grandchilds Reign but what we borrow in the Rolls of Summons wherein the Form stood various according to the occasions Ex Rot. Parl. in Archivis London until that grew constant in the form that 's now about the entring of Rich. II. the Journal Rolls being spoiled by the injury of Time or private Ends. The King in the 5th of his Reign Called a Parliament and therein advised with his Lords and Commons Claus 5. Edw. I. in Dorso for the suppressing Lluellin Prince of Wales and hearing that the French King intended to some pieces of his Inheritance in France summoned a Parliament Claus 7. Edw. I. m. 3. in Dorso ad tractandum ordinandum favendum cum Praelatis proceribus aliis Incolis Regni qualibet hujusmodi Periculis Excogitatis militiis sic abjurand inserting in the Writ that that was Lex justissima provida Circumspectione stabilita that that which omnes tangit ab omnibus approbetur Claus 34. Ed. I. in Dorso in the 34th of his Reign super ordinatione stabiliamento Regni Scotiae he made the like Convention His Son the II. Edw. pro solempnitate sponsialum Coronaronis Edw. 2. Claus 1.19 m. Claus 6.3 m. Claus 8.3 m. Claus 13. m 13. in Dorso consulted with his People in his first year in his 6th year super diversis negotiis Statum Regni expedtione Guerrem Scotiae specialiter tangentibus he assembled the State to advise the like he did in his 8th year The French King having invaded Gascoigne Claus 16. m. 27 in the 13th year of the Parliament was Called super ordinis negotiis statum Ducatus Gasconiae tangentibus and in the 16th to consult ad refraenandum Scotorum obstinantiam malitiam Before Edw. III. would resolve in his first year Edw. 3. Claus 1. whether Peace or War with the Scots King he summoned the Peers and Commons super praemissis tractare Consilium impendere The Chancellor Anno 5. declareth from the King the cause of that Assembly and that that was to consult and resolve whether the King should proceed with France Rot. Parl 5. for the recovery of his Seigniories by Alliance of Marriage or by War and whether to redress the Disobedience of the Irish he should go thither in person or no. The year following he re-assembled his Lords and Commons and requireth their Advice whether he should undertake the holy Expedition with the French King or no Parl. 6 Edw. 3. the
Bishops and Proctors of the Clergy would not be present as forbidden by the Commons such Counsels The Peers and Commons consult applauding the Religious and Princely forwardness of their Soveraign to this hard Enterprize but humbly advise forbearance this year for urgent Reasons The same year though another Sessions the King demanding the Advice of his People whether he should pass into France to an Enterview as was desired for the expediting the Treaty of Marriage The Prelates by themselves and the Earls and Barons by themselves and the Knights of the Shires by themselves Rot. Parl. 6 Edw. 3. Sess 2. m. 6. consult apart for so is the Records and in the end resolved that to prevent some dangers likely to arise from the North that would please the King to forbear his Journey and to draw towards those Parts where the perils were feared his presence being the best prevention which Advice he followed In the following Parliament at York the King sheweth how by their former Advice he had drawn himself towards the North Parts and now again he had assembled them to advise further for his Proceedings To which the Lords and Commons having consulted apart pray further time to resolve until a full Assembly of the State To which the King granting adjourneth that Sessions At their next Meeting they are charged upon their Allegiance and Faith to give the King their best Advice Ret. 7 Edw. 3. Sess 2. Parl. 7 Edw. 3. m. 6. The Peers and Commons consulting apart delivered their Opinions and so that Parliament ended In the 13th year the Grandees and Commons are called to consult and advise how the domestick Quiet may be preserved the Marches of Scotland defended and the Sea scowred from Enemies The Peers and Commons having apart consulted the Commons desire not to be charged to Counsel in things des queux ils neut pas Cognisaux answer that the Guardians of the Shire assisted by the Knights may effect the first if Pardons of Felony be not granted the care of the Marches they humbly leave to the King and Counsel and for the safeguard of the Seas they wish that the Cinque-ports and Maritime Towns discharged for the most part from many Burthens of Inland Parts may have that left to their Charge and Care and that such as have Lands near the Sea-Coasts be commanded to reside in those Possessions The Parliament is the same year re-assembled to advise De expeditione Guerre in partibus transmarinis Rot. Parl. 13 Edw. 3. Sess 2. At this Assembly Ordinances are made for provision of Ships arraying of Men for the Marches and defence of the Isle of Jersey naming such in the Record as they conceived for the Imployments The next year Parl. 14 Edw. 3. Parl. 15 Edw. 3 De la Poole accounteth the Expences of the War a new Aid is granted and by several Committees in which divers were named that were not Peers of Parliament the safeguard of the Seas and defence of the Borders are consulted of In the 15th year Parl. 17 Ed 3. Assensu Prelatorum Procerum aliorum de Consilio the King's Passage into France is resolved of In Anno 17. Badlesmore in the place of the Chancellor declareth to the Peers and Commons That whereas by their Assents the King had undertaken the Wars with France and that by the Mediation of the Pope a Truce was offered which then their Soveraign forbare to entertain without their well Allowance The Lords apart consult and also the Commons returning by Sir William Trussel in answer to their Advice and Desire to compose the Quarrel approve the Truce and the Pope's Mediation The Pope's Undertaking proving fruitless and delays to the French advantage who in the mean space with Scotland and others practised to root out the English Nation in France the King again assembled his Parliament the year following In which the Peers and Commons after many days of Deliberation resolve to end that either by Battel or Peace and no more to trust to the Mediation of his Holiness In the 12th the Chief Justice Thorpe Parl. 21 Edw. 3. declaring to the Peers and Commons that the French Wars began by their Advice First The Truce after by their Assents accepted and now ended the King's Pleasure was to have their Counsels in these Prosecutions The Commons being commanded Yils se devoirent ensemble si ils assent le devoirent nostre an Roy all Grandees de son Counsel who after four days consulting humbly desire of the King that he would be advised herein by his Lords and others of more Experience than themselves in such Affairs To advise the King the best for his French Imployments Parl. 25 Ed. 3. a Parliament was summoned Anno 25. wherein the King by a more publick Dispatch willeth the Commons to elect twenty four or thirty of their House to consult with the Lords these to relate to their Fellows and the Conclusion in general by the Lords to the King In the 27th a great Counsel is assembled Parl. 27 Ed. 3 many of the Lay-Peers few of the Clergy and of the Knights of the Shires and Burgesses but one a piece This was for the prosecution of the French Wars when honourable following A Truce being offered the King forbare his Peers and Commons which they in Parliament accorded unto before the Pope's Notary by publick Instinct The dallying of the French King in conclusion of Peace Parl. 29 Ed. 3. and the falling off of the Duke of Britain having wrought his End with France by reputation of the English Succour is the year following declared in Parliament and their Advice and Aid required for the King's Proceedings In the 36th year he Calleth his Parliament to consult Parl. 36 Ed. 3. whether War or Peace by David King of Scots then offered should be accepted In the 40th year Parl. 40 Ed. 3. the Pope demanding the Tribute of King John the Parliament assembled when after Consultation a part The Prelates Lords and Commons advise the denial although it be by dint of Sword In the 43d the King declared to the Peers and Commons Parl. 43 Fd. 3. that the French against the Articles of the Truce refused payment of the Moneys and delivery of the Towns summoning La Brett and others of the King's Subjects in Gascoin to make at Paris their Appeals and had forraged his Countrey of Poitgers requiring in their breach whether he might not regain hit style of France The Lords and Commons had apart consulted they advised the King to both which he approving altered the Inscription and Figure of his style Two years after it was declared to the Peers and Commons Parl. 45 Ed. 3 that by their Advice he had again resumed the style and quarrel of France and therefore called their Advice for the defence of the Realm against the French securing of the Seas and pursuing of the Wars of which they consult and resolve to